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(영문) 서울남부지방법원 2021.01.12 2019노2640
위증
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the misunderstanding of facts, the Defendant stated that E referred to as “the alteration of international fraud” to B, and only testified in accordance with his memory, and did not have any perjury.

B. The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.

2. Determination

A. In light of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts, the Defendant’s assertion by the Defendant is without merit, as it is sufficiently recognized as the facts charged.

1) B was prosecuted as a crime of false accusation and was sentenced to a suspended sentence of two years, etc. in October 28, 2017 at the Seoul Southern District Court (Seoul Southern District Court Decision 2015Ma4582), and the above judgment became final and conclusive by the Supreme Court (hereinafter “relevant case”). 2) The summary of the criminal facts of the relevant case was “E, etc. did not mean that it was an international fraud with B, and B was aware of this, submitted a written complaint to the Seoul Southern District Public Prosecutor’s Office’s Office on February 25, 2015, stating that E, etc. was an international fraud and damaged its reputation in the office of the duty of the Seoul Southern District Public Prosecutor’s Office on February 25, 2015.

“” is:

3) In the relevant case, at the time, at the site.

D, E, F, J, I were examined as a witness, and the testimony of the above witness was found guilty.

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